Daytona May Pay $40,000 To Injured Sunbather

DAYTONA BEACH — A woman who was run over by a car while sunbathing on the beach three years ago soon may receive $40,000 from the city for her neck and back injuries.

The city commission will vote tonight on whether to approve the out-of- court settlement with Diane and Greg Narez, who live in Illinois.

The accident occurred Aug. 2, 1985. Diane Narez was sunbathing on the beach when the right front tire of a car rolled over her neck and shoulder, according to Frank Gummey, Daytona Beach city attorney.

The Narez family, including two children, had come to Daytona Beach because they received a free, three-day stay in a hotel when they bought their new car, Greg Narez said at the time of the accident.

The accident occurred on the first day of the family's vacation. After their stay at the beach, they had planned to visit Walt Disney World, Epcot Center and Sea World.

Instead, Diane Narez was hospitalized for 26 days, Gummey said. She had to receive physical therapy for more than 10 months, and wore a neck brace for about nine months.

Shortly after the accident, the couple sued the driver and the owner of the car, Gummey said. In April 1986, the city was added to the suit, which alleged the city was liable because it allowed traffic on the beach.

Recently, the Narez family reached a $100,000 out-of-court settlement with the other two defendants, Gummey said. Narez's lawyer Bill Seitz declined to comment on the other settlement.

Gummey said he does not think Daytona Beach is liable for Narez's injuries. ''I don't see any negligence on the part of the city,'' he said. ''All beach users have a responsibility to act in a reasonable manner to protect their own safety.''

But, in part because the other two defendants had settled out of court, this was the best approach, Gummey said.

He said he had not spoken to commissioners to gauge their support of the settlement plan, but said ''they generally have been supportive in the past.'' Daytona Beach Mayor Lawrence J. Kelly stressed that the city is not admitting guilt in the settlement. ''The people know there are cars there and we shouldn't be responsible.''

However, he said if the case went to trial and the city was found partially liable, Daytona Beach could wind up paying more than $40,000.

''We're better off paying the $40,000,'' Kelly said. ''We probably come out on the best end by doing it that way.''